The Process of Replacing a Lost Title Deed in South Africa | Legal Articles

 

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The Process of Replacing a Lost Title Deed in South Africa

Replacing a Lost Title Deed in South Africa

The process of replacing a lost title deed is governed by regulation 68 of the Deeds Registries Act 47 of 1937.

This regulation was put into place in order to circumvent any fraudulent activities related to issuing a copy of a title deed.

Challenges Faced with Replacing a Lost Title Deed

Regulation 68 of the Act provides for the re-issue of a title deed copy in cases where the original deed is either lost or destroyed.

This Regulation is used by fraudsters to fraudulently obtain a copy to serve in the place of the original deed.

Consequently, the rightful owner of the property is then defrauded of ownership of the property as the issued copy is then used to illegally transfer the property to a new “owner”.

Therefore, a new procedure has been implemented for the deeds office to follow in order to register and re-issue a copy of a lost title deed.

Registration Requirements for Lost Title Deed

  • If registration is requested in case of a single title deed copy, or if a deed application forms part of a batch from which transfer of a property is put into effect, the Conveyancer who requests registration of the copy must present the deed/deeds in person to the Assistant Registrar in charge of the execution.
  • The Conveyancer who requests registration of the copy will sign a separate Register of executing Conveyancers which is specially allocated for lost title deeds. This signing will take place in the presence of the Assistant Registrar in charge of Execution at the time when the deeds are handed over.
  • The Conveyancer will wait in front of the Assistant Registrar in charge of Execution while the deeds are being scanned into Execution.
  • The Conveyancer will only sign the request for registration in the presence of the Assistant Registrar in charge of Execution and the deed/deeds will be attested at the same time by the Assistant Registrar as authorized in terms of Section 2 of the Deeds Registries Act.
  • The following must be provided to the Assistant Registrar in charge of Execution and must be attached to the title deeds register.
    • A certified admittance certificate as Conveyancer, issued by the High Court of South Africa (see Annexure A) and
    • A certified copy of the marriage certificate, only in case the surname of the Conveyancer differs due to change in marital status and
    • A certified copy of the Conveyancers Identity document.

Van Deventer & Van Deventer Incorporated – Conveyancing Attorneys Johannesburg

As conveyancers, we can provide legal assistance with regards to obtaining a copy of a lost title deed while following the correct, lawful procedure.

For more information about our legal services or other matters related to property law, please feel free to contact us.
 

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